Same-Sex Marriage: A Novel Notion of Justice

The extent to which people will go to advance their rationalizations for sexual misbehavior grows ever more amusing and ambitious, with consequences, however, that are less jolly. The ultimate level of absurdity has now been reached by the claim that justice requires the legalization of same-sex marriage. Consider the following two protestations.

Celebrating the recent passage of such a law in New York, Washington Post columnist Richard Cohen wrote: “I am the brother of a woman in a longtime same-sex relationship… This is a cause whose justness has long been apparent to me. The opponents have no case other than ignorance and misconception and prejudice.”

And when Edwin O’Brien, the Catholic archbishop of Baltimore, attempted to remonstrate with Maryland Governor Martin O’Malley, a Catholic, over his sponsorship of a same sex marriage bill, the Governor responded that: “When shortcomings in our laws bring about a result that is unjust, I have a public obligation to try to change that injustice.”

So now it is no longer tolerance, but the demands of justice that seem to require legally equating homosexual marriage with heterosexual marriage, something no other civilization in recorded history has done.

One does not get to make up what things are. If that were the case, then justice could be anything that one said it was.

But before justice can be enlisted on behalf of this cause, we should ask ourselves: what is justice? The classical answer to this question is that justice is giving to things what is their due according to what they are. In other words, to act justly, one must first know what things are. When one knows what something is, one then understands what it is for. The purpose of the thing then determines whether our actions toward it are a use or an abuse. This is where the matter of justice comes in.

One does not get to make up what things are. If that were the case, then justice could be anything that one said it was. That is what tyrants do. This would be arbitrary, and what is arbitrary is by definition tyrannical. It is based upon pure will, unguided by reason. Those who wish to base their freedom upon the supposed purposelessness of things should face the consequences of this view. What seems unmitigated freedom is, in fact, the foundation of tyranny.

Unfortunately, this solipsistic view of reality has reached high places. In the 1992 Planned Parenthood vs. Casey ruling, the Supreme Court opined that, “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Well, actually not. The universe is already here. It has already been defined for us; otherwise, it would not be in existence. Our choice is not to make up the meaning of the universe, but to discern its meaning and then either conform ourselves to it, or revolt against it. The choice today is revolt. Igor Stravinsky once wrote, “The old original sin was one of knowledge, the new original sin is one of non-acknowledgment.” It is the refusal to acknowledge anything outside the operation of the human will — most especially “the good” toward which the soul is ordered. “The good” is what ultimately informs human justice.

The modern premise, so evident in the campaign for same-sex marriage, is that any pre-existing rational end constitutes a limitation on human freedom. Therefore, “freedom” requires the denial that rational ends inhere in things. Things are tabula rasa, blank slates upon which we can write anything we desire. Things, being purposeless themselves, only have the ends we give them by our will and choice. They serve whatever purpose we wish. This is a very dangerous teaching, especially as it affects the issue of justice.

As mentioned earlier, it is necessary to apprehend things as they are in order to act justly. A simple example suffices. If one does not know the difference between a man and a dog, one may end up treating a man as if he were a dog. This would be acting unjustly. Justice in no way pertains to how we feel about things but rather to what they are. In our anthropomorphic enthusiasm, we may feel that our pet dog is human. However, it would be absurd to pass legislation requiring the dog’s consent to its owner’s rule, because the dog is not human and is incapable of giving its consent. Dogs do not have free will. It is therefore just for men to rule over dogs.

Likewise, no feeling can justify the enslavement of another human being, because a human being has the inalienable right to consent in his or her rule. This, of course, was the problem with slavery. Only the understanding of what a human being is allows one to make this vital distinction between the human and the nonhuman. It is something one knows, or does not (or refuses to acknowledge), with huge consequences. It is precisely the loss of this distinction upon which the practice of abortion is based.

Once we know what something is, we can know what it is for. Its purpose is within it. How does this pertain to the issue of the justice of same-sex marriage? It has to do with the procreative and unitive powers of our sexual organs. What are they for? Today, we seem to know what every other part of our body is for, except our genitals. This is a case of selective epistemological amnesia.

Sex has a natural purpose

In using or treating any part of our body, the critical question is: what are the ends to which the nature of the thing directs it, and is the action outside of, or within those ends? For instance, our lungs are for breathing. Breathing oxygenates our blood through the alveoli. If anyone suggested that our lungs are for imbibing water, they would be set straight in short order and informed that water in the lungs would lead to drowning and death. If they nonetheless insisted that water is good for the lungs and applied this teaching to themselves, they would soon be asphyxiated.

No one has really been tempted to do this. However, people have found a great deal of pleasure in smoking cigarettes. This has been shown to be a misuse of the lungs, because the tars and nicotine from the tobacco smoke cause lung cancer. Therefore, we can say with some confidence that the end or purpose of the lungs is not pleasure from smoking. The purpose of a thing cannot be fulfilled in an action which leads to its destruction. On the basis of this, the government has taken vigorous steps to dissuade people from smoking. Laws have been passed prohibiting young people from buying cigarettes and requiring the labeling of cigarettes as injurious to health.

However, no one today can publicly suggest that our genitals are not made for sodomy or even, without becoming the objects of obloquy, point out the health consequences of this unclean practice. Well before HIV/AIDS arrived on the scene, the life expectancy of practicing homosexuals was substantially below that of the heterosexual male population because of the deleterious health effects of this behavior. What things are have a way of fighting back against those who deny what they are and who act in such a way as if they weren’t.

So what is sex for? The purpose of sex is to make “one flesh.” Two becoming “one flesh” encompasses both the generative and unitive nature of sex. By nature, only men and women are physically capable of becoming “one flesh.” (Otherwise, the pieces don’t fit.) The end of sex is not simply pleasure; otherwise, any kind of sex that produces pleasure would be “natural.” That something occurs, or can occur, does not make it “natural.” Cancer occurs, but one would not say, by that fact, that cancer is therefore natural to, say, the lungs. Why not? Because we know that lungs are for breathing, and that cancer impedes and eventually prevents breathing.

A great deal of human ingenuity has gone into finding other uses for sex that go directly against its unitive and generative nature. Those who misuse its powers perversely are saying, in effect: We will take the pleasure, but not the thing toward which the pleasure is directed: the imago Dei. As Fr. James Schall has written (CRISISSense & Nonsense, March 1995), “Whenever we seek pleasure without it being grounded in what is right in the action in which it exists, we isolate the pleasure, the act, from reality.” Every act of coition presupposes the unitive and the commitment within which it must take place. And when it is not there, it is felt as a betrayal, a lie. It is followed by emptiness. There is something inherently false about sexual acts outside of marriage.

Only marital love can tame erotic passion

However, sex is a very strong passion, and it is difficult for anyone to contain. The only thing that can tame Eros and direct it to an end that can satisfy the sexual passion is love, which leads Eros away from death and, quite literally, toward new life. When a specific person is the object of love, no substitute will do. Love demands exclusivity, and receives it in marriage. The desire for oneness in marital union is also a thirst for fecundity. The wild and complete abandon of the marital act is a joyful affirmation of the possibility of more — in children.

In their souls, what people truly love is goodness. And when they love goodness, it is what they seek to serve. This is true with sex, also. Sex is directed to goodness by love. Love sublimates lust and restores the original innocence of sex. It is no longer self-seeking, self consuming, but self-giving and life-generating. It seeks the unity that is only available in “one flesh.” So it seems spousal love requires becoming “one flesh.”

This is not a matter of “who says,” but of how we are constituted by nature. Anything else is counterfeit. To make the counterfeit official, as in legal same-sex marriage, is to substitute the unreal for the real. If you cannot become “one flesh” with the person whom you love, that is nature’s way of telling you that the character of your love is not spousal, but something else.

Love has its proper expression according to its subject and object – sisterly love, parental love, conjugal love, the love of friendship are each distinct and are expressed accordingly. A child does not love its father with parental love, because the child is not the parent of its father. It may seem silly to state something so obvious, but this is what must be done when reality is being contested. It is just as necessary and obvious to say that two men, or two women, cannot become husband and wife because that relationship requires a person of the other gender. No matter how many times homosexual advocates say it, two flesh of the same kind is not, and cannot become, “one flesh.” Homosexual marriage is not, as some have suggested, “inclusive,” simply making room for another kind of marriage. Its legalization requires the denial of the true nature of marriage. Militant homosexuals are trying to conform reality to themselves, rather than conforming themselves to reality. They will say, no doubt, that their reality is that they are homosexuals. But that is no more persuasive than an alcoholic acknowledging the reality of his condition.

Abnormality and normality

Many who think that homosexuality is a genetic condition believe that this, in and of itself, justifies homosexual marriage. That is why a great deal has been invested in the argument over whether homosexuality is a genetic trait or learned behavior. This issue, however, is immaterial to the morality of homosexual acts. The same kind of argument could be made over alcoholism. There appears to be a missing chromosome – the Y chromosome – that predisposes certain people to alcoholism; others seem to acquire alcoholism through their behavior. In either case, drunkenness is no less evil because of an inherent predisposition to it. Likewise, sodomy.

Of course, it is very hard to live with such predispositions, and profound sympathy and assistance is due to those who suffer from them. The worst disservice that could be done in either case, however, would be to encourage or participate in the celebration of the afflictions, as in “Gay Pride Day.” Why is “Gay Pride Day” any less absurd than an “Alcoholic Pride Day” would be? Both conditions exist as aberrations, as abnormalities in the light of what is normal by nature. To substitute an abnormality for normality destroys the distinction between the two, and closes off the path to recovery.

In moral terms, this would be analogous to substituting a cancerous lung for a healthy lung on the basis that we cannot tell the difference between them. Such a claim would obviously subvert medical care and would represent a huge injustice to cancer patients. Sodomy is the cancer version of coition. Substituting it for spousal intercourse on the basis that there is no difference between them is an act of injustice that will subvert marriage and the soul of the society that accepts it.

This makes richly ironic Richard Cohen’s and Governor O’Malley’s invocation of justice to advance a cause based upon the denial of the nature of marriage. They are, in fact, complicit in perpetrating fraud. “Thinking against nature,” wrote Irenaeus in Against Heresies (180 AD), “you will become foolish. And if you persist you will fall into insanity.” No one can say we were not warned. The path ahead to the asylum is clear, but in this case the asylum will be the entire society.